We’re planning to fire an employee, and we suspect the person won’t take it well. What are some tips for making it go as smoothly as possible?
Quick Answer
Prepare carefully and thoroughly for the termination meeting. Be empathetic, direct, professional and respectful.
Explain the reason for the termination in clear terms, and have any relevant documentation on hand. Allow the employee to vent if needed, and then firmly and politely end the discussion.
Legal Perspective
Wickens Herzer Panza
Avon, Ohio
Letting someone go is never easy, but there are strategies to avoid disaster, says employment law attorney Jon Hyman.
The most important thing: Don’t fire someone without warning. The person shouldn’t be blindsided by the news – the employee should know there have been issues. It’s also a good idea to have a witness in the meeting to take notes, in case the ex-employee ends up suing.
Relevant Case Law
Feeback v. Swift Pork Co.
Stewart v. FedEx Express
HR Insight
Highland Roofing Company
Wilmington, North Carolina
Keep the meeting as short as possible – five to 10 minutes, says HR Director Shari Leon.
Always have two people present when terminating an employee. Not only will this eliminate “he said/she said” scenarios, but it will also help you control the situation. Try to meet with the employee at a time of day when staff levels are lowest, or in an area that’s away from other staff in case the person decides to make a scene on the way out.
If things are going poorly, I’d either box up personal items ahead of time so they can be given to the employee when they leave, or you can mail personal belongings directly to their home. In extreme situations, you can contact your local police department, and ask them to be on standby near the building if you anticipate the employee may get violent.
Coffman Truck Sales Inc.
Aurora, Illinois
Always have two people in the room in addition to the employee, according to General Manager Diane Zimmerman.
Keep it simple and straightforward. Don’t allow the employee to justify and travel down rabbit holes. Repeat the prepared statement and stick to it.
Creative Testing Solutions
Flagstaff, Arizona
Come prepared, make it short and be compassionate, says Meredith Burr, Director, Total Rewards.
Remember that the news of a job loss can be emotionally similar to the loss of a loved one. If the decision is final, there should not be much to discuss on what happened to get to that decision. Focus instead on bringing your empathy A-Game, no matter what occurred prior to that moment.
The Cost of Noncompliance
Fired over a bag of chips? Walgreens pays $180K to former employee
Who was involved: Walgreens, a nationwide drug store chain, and an employee who was fired from a San Francisco store location for allegedly stealing a $1.39 bag of chips.
What happened: According to the EEOC’s lawsuit, the employee worked for the company for nearly 18 years without any record of disciplinary issues. She has Type II diabetes, and Walgreens knew about her diagnosis. During a shift, the employee suffered a hypoglycemic attack so she ate a bag of chips to stabilize her blood sugar level. When the company’s security officer asked the employee why she took the chips before paying, she wrote, “My sugar low. Not have time.” The security officer testified that he did not understand her meaning nor did he seek clarification about her response.
Result: Walgreens paid $180,000 to settle the dispute. Under a consent decree, it also had to:
- Post its revised policy regarding accommodation of disabled employees on its employee intranet site.
- Provide anti-discrimination training.
- Submit periodic reports to the EEOC.
- Post a notice regarding the decree for three years.
Info: Drug Store Chain Pays $180K to Settle EEOC Disability Discrimination Suit, 7/2/14.
Manager said what?! Employer pays $20K to end age bias suit of fired employee
Who was involved: M1 5100 Corp., which is a Florida grocery store doing business as Jumbo Supermarket, and a cook manager who was allegedly terminated based on her age.
What happened: The EEOC alleged that the employer illegally discriminated against the 57-year-old employee by replacing her with someone who was approximately 20 years younger. The agency alleged that at the time of the termination, the employer’s general manager told the employee, “Look, old lady, we have to give opportunities to new people. … It is time for you to rest.”
Result: To end the lawsuit, the employer agreed to:
- Pay $20,000.
- Train managers and employees on anti-discrimination laws.
- Implement a hotline number for discrimination complaints.
- Provide bi-annual reports to the EEOC on its investigation of employee complaints of discrimination.
Info: Jumbo Supermarket Will Pay $20,000 to Settle EEOC Age Discrimination Suit, 10/20/20.
Key Takeaways
- Prepare thoroughly for the termination meeting.
- Have relevant documentation on hand.
- Keep it short.
- Be direct, empathetic and respectful.
- Do not become emotional.
- Give the employee space to vent, and then end the meeting.
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